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DEED OF TRUST 200205270
<br />Loan No: 86 158071:30 Pago 8
<br />etfte:ctive any award. The.. ivuifrutcr s ^:alt also have the power to award recovery of all costs and tees, to impose sancttons and to take
<br />such etner actioi% as the arbitrator deems necessary to the same extent a judge couid pursuant to the Federal Rules of Civil Procadure, the
<br />appricablu Sr:,te -,uies of Civil PracedurL, or other applicable law. Jodgment upon the award rendered by the arbitrator may be entered in
<br />any coGrri having i,rriadic a <n,
<br />Discovery. In any arbitration proceeding d:sc:rvery will be permitted in accordance with the Rules. All discovery shall be expressly limited
<br />M rnattfrs directly re!avan.t to the T_'tspozo being arbitrated and must be completed no later then 20 days befcre the hearing date and within
<br />ISO days of the f0ing of the: Disputer with the AAA. Any requests for Pit extension of the discovery periods, or any discovery disputes, will
<br />b,� subject to final deter m)inmicin by the arvartstnr upon a showing that the request for discovery is essential for the party's presentation
<br />and that no a!ternativct rrrr r ^s fn: obtaining information is available.
<br />Miscellaneous. Tn the max•mum extent practicable, the AAA, the arbitrators and the parties shall take all action required to conclude any
<br />arbitration proceeding vvithin 180 days of the filing of the Dispute with the AAA. The resolution of any Dispute shall be determined by a
<br />separate arbitration proceeding snd such Dispute shall not be consolidated with other disputes or included in any class proceeding. No
<br />erb:trator or other frrtrly to an tirhitration proceeding may disclose the existence, content or results thereof, except for disclosures of
<br />information by a party 7oquirad in tho ordinary course (sf its business or by applicable law or regulation. If more than one agreement for
<br />arbitration by or bctv:ean the parties poi mnally applies to a Dispute, the arbitration provision most directly related to the documents
<br />between, the r::artiNS or Ow sub ;vct rte; leer of thc; Dispute shalt control. This arbitration provision shall survive termination, amendment or
<br />expiration of any of the: documents or +any relationship biatwwen the parties.
<br />FACSIMILE AND COUNTFRPART, This docurnc➢nt may toe signed in any number of separatt+ copies, each of which shall be effective as an
<br />originsl, lbut all of v.hich tai.an t ;)rleihcr shill constitute ?1 s!ntgle document. An electronic transmission or other facsimile of this document
<br />or any relatt:d document shorn Lie? doerrcrJ 1(-i original and shall be admissib:e as evidence of the document and the signer's execution.
<br />FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Reneficiary's option, prior to fuli reconveyance of the Real Property by
<br />Trut',tee to Trustor, may, make fuiuie, :rc +tierces to Trustor. Such future aclvances, with interest thereon, shall be secured by this Deed of
<br />Trust. At nn tirne s!•i.tii tro principal ; ;moun, of the indebtedness set.uied by this Deed of Trust, not including sums advanced to protect the
<br />security, exceed the sorr• of the ori:glnal pnncipal amount of the Note, which is stated within the defihition of the Note herein. Advances of
<br />disbursements snadtt by Benefit.4y to protect the security, under the terms hereof, while discretionary shall not be d;erred to be optional
<br />ndvances.
<br />COMPLIANCE DEFAIJI -T. The Compliance Default subparagraph under Fvenis of Default is hereby deleted in its entirety.
<br />MISCELLANEOUS PROVISIONS. The t'c!Ic wi: g ml- cellaneous provisions are a part of this Deed of Trust:
<br />Atttendtnents. This Deed of Trust, ivgether with any Related Documents, constitutes the entire understanding and agreement of the
<br />parries as to the me=ters set, forth in 'his reed of Trust. No afteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing tend signed by the party or parties sought to be charged or, bound by the iteration or amendment.
<br />Annual Reports. if the: Property is used for puruoses other than Trustor's residence, Trustor shalt furnish to Lender, upon request, a
<br />r_ertitied statement of net operaturg mcorne received trom the Property during Trustors previous fiscal year in such form and detail as
<br />Ler,c -,er shall require. 'Net operating income" shall tr•een at; sash receipts hom the Property less all cash expenditures made in
<br />connect
<br />ipR with the cperaiion of [h<' Prr)pE,'riy.
<br />Caption Headings. Caption headin.1s ir, this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define th- 7rGvisions of this Dead of Trust.
<br />Merger. Tt ,,ere shi=ll be no merger of ;:;e irlTerest or estate, created by this Deed of Trust with any other ;merest or estate in the
<br />Pro, erty at any time held by or for the: ben.efii of Lender in any capacity, without the written consent of Lender.
<br />Governing Lsw. This Deed of Trust will be povernad by, construed and enforced in accordance with federal lacy and the laws of the
<br />State of Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Joint and Sovetal Liability. Al. obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall meant each 5nd every Trustor, and all references to Borrower shall mean each and every Borrower. This
<br />urea .s that each eorro,.ver and Truster signing below Is responsible for a:! obligations in this Deed of Trust.
<br />No Waiver by Lendor. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any ether right. A waiver by Lender of a provision of this Dead of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwisp to dernand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor anv course of deali, ^g between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />Trustr,r's oblkaatiuns as to any future transct!ons. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consonz by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />requ :red and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severabilhy. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any circumstance, that finding shall riot make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If
<br />feasib!e, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending
<br />provision cannot be so modified, it shall he considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceabiky of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of
<br />any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed cf Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />`rust cr !iaLi!ity cinder the Indebtedness.
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